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Agenda--September 14-16, 2010

Agenda and other related materials for the California State Board of Education (SBE) meeting to be held on
September 14-16, 2010.
State Board Members

Ted Mitchell, President
Ruth Bloom, Vice President

Alan Arkatov
James Aschwanden
Benjamin Austin
Yvonne Chan
James Fang
Gregory Jones
David Lopez
Johnathan Williams
Connor Cushman, Student Member

Secretary & Executive Officer

Hon. Jack O’Connell

Executive Director

Nicolas Schweizer

Schedule of Meeting

Location

Tuesday, September 14, 2010
9:00 a.m. Pacific Time +

STATE BOARD OF EDUCATION
Closed Session – IF NECESSARY
(The public may not attend)

California Department of Education
1430 N Street, Room 1101
Sacramento, California
916-319-0827

The Closed Session (1) may commence earlier than 9:00 a.m.; (2) may begin at or before 9:00 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 9:00 a.m.

CLOSED SESSION AGENDA

Conference with Legal Counsel – Existing Litigation: Under Government Code sections 11126(e)(1) and (e)(2)(A), the State Board of Education hereby provides public notice that some or all of the pending litigation which follows will be considered and acted upon in closed session:

Conference with Legal Counsel – Anticipated Litigation:  Under Government Code sections 11126(e)(1) and (e)(2)(B), the State Board of Education hereby provides public notice that it may meet in closed session to decide whether there is a significant exposure to litigation, and to consider and act in connection with matters for which there is a significant exposure to litigation.  Under Government Code sections 11126(e)(1) and (e)(2)(C), the State Board of Education hereby provides public notice that it may meet in closed session to decide to initiate litigation and to consider and act in connection with litigation it has decided to initiate.

Under Government Code section 11126(c)(14), the State Board of Education hereby provides public notice that it may meet in closed session to review and discuss the actual content of pupil achievement tests (including, but not limited to, the High School Exit Exam) that have been submitted for State Board approval and/or approved by the State Board.

Under Government Code section 11126(a), the State Board of Education hereby provides public notice that it may meet in closed session regarding the appointment, employment, evaluation of performance, or dismissal, discipline, or release of public employees, or a complaint or charge against public employees. Public employees include persons exempt from civil service under Article VII, Section 4(e) of the California Constitution.

Schedule of Meeting

Location

Tuesday, September 14, 2010
9:00 a.m. Pacific time +
(Upon Adjournment of Closed Session if held.)

STATE BOARD OF EDUCATION
Public Session

California Department of Education
1430 N Street, Room 1101
Sacramento, California
916-319-0827

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.

Schedule of Meeting

Location

Wednesday, September 15, 2010
9:00 a.m. Pacific time +

STATE BOARD OF EDUCATION
Closed Session – IF NECESSARY –
(The public may not attend.)

California Department of Education
1430 N Street, Room 1101
Sacramento, California
916-319-0827

Please see Closed Session Agenda above. The Closed Session (1) may commence earlier than 9:00 a.m.; (2) may begin at or before 9:00 a.m., be recessed, and then be reconvened later in the day; or (3) may be commenced later than 9:00 a.m.

Schedule of Meeting

Location

Wednesday, September 15, 2010
9:00 a.m. Pacific time +
(Upon Adjournment of Closed Session, if held.)

STATE BOARD OF EDUCATION
Public Session

California Department of Education
1430 N Street, Room 1101
Sacramento, California
916-319-0827

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.

Schedule of Meeting

Location

Thursday, September 16, 2010
9:00 a.m. Pacific time +

STATE BOARD OF EDUCATION
Closed Session – IF NECESSARY –
(The public may not attend.)

California Department of Education
1430 N Street, Room 1101
Sacramento, California
916-319-0827

Please see Closed Session Agenda above. The Closed Session (1) may commence earlier than 9:00 a.m.; (2) may begin at or before 9:00 a.m., be recessed, and then be reconvened later in the day; or (3) may be commenced later than 9:00 a.m.

Schedule of Meeting

Location

Thursday, September 16, 2010
9:00 a.m. Pacific time +
(Upon Adjournment of Closed Session, if held.)

STATE BOARD OF EDUCATION
Public Session

California Department of Education
1430 N Street, Room 1101
Sacramento, California
916-319-0827

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.


ALL TIMES ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE ONLY

ALL ITEMS MAY BE RE-ORDERED TO BE HEARD ON ANY DAY OF THE NOTICED MEETING

THE ORDER OF BUSINESS MAY BE CHANGED WITHOUT NOTICE

Persons wishing to address the State Board of Education on a subject to be considered at this meeting, including any matter that may be designated for public hearing, are asked, but not required, to notify the State Board of Education Office (see telephone/fax numbers below) by noon of the third working day before the scheduled meeting/hearing, stating the subject they wish to address, the organization they represent (if any), and the nature of their testimony. Time is set aside for individuals so desiring to speak on any topic NOT otherwise on the agenda (please see the detailed agenda for the Public Session). In all cases, the presiding officer reserves the right to impose time limits on presentations as may be necessary to ensure that the agenda is completed.


REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY

Pursuant to the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, any individual with a disability who requires reasonable accommodation to attend or participate in a meeting or function of the California State Board of Education (SBE), may request assistance by contacting the SBE Office, 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone, 916-319-0827; fax, 916- 319-0175.


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session

September 14, 2010

Tuesday, September 14, 2010 – 9:00 a.m. Pacific Time +
(Upon adjournment of Closed Session if held)
 

California Department of Education
1430 N Street, Room 1101
Sacramento, California

Call to Order

Salute to the Flag

Closed Session

Communications

Announcements

REPORT OF THE SUPERINTENDENT

SPECIAL PRESENTATIONS
Public notice is hereby given that special presentations for informational purposes may take place during this session.

NOTE:  Items not heard or completed on September 14, 2010, may be carried over to September 15 or 16, 2010.

AGENDA ITEMS

Item 1 (DOC; 144KB; 5pp.)

Subject:  STATE BOARD PROJECTS AND PRIORITIES.

Type of Action:  Action, Information

Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board office budget, staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on litigation; bylaw review and revision; Board policy; Approval of minutes; Board Liaison Reports, and other matters of interest.


Item 2 (DOC; 57KB; 1p.)

Subject:  PUBLIC COMMENT. 

Public comment is invited on any matter not included on the printed agenda.  Depending on the number of individuals wishing to address the State Board, the presiding officer may establish specific time limits on presentations.

Type of Action:  Information


Item 3 (DOC; 92KB; 5pp.)

Subject:  Appoint Eugene Flores and Deborah Kennedy to positions in accordance with Article IX, Section 2.1, of the Constitution of the State of California.

Type of Action:  Action, Information


Item 4 (DOC; 62KB; 3pp.)

Subject:  Elementary and Secondary Education Act: Performance Objectives Presented by the State Trustee for the Greenfield Union Elementary School District for State Board of Education Approval.

Type of Action:  Action, Information


Item 5 (DOC; 68KB; 3pp.)

Subject:  Elementary and Secondary Education Act: Performance Objectives Presented by the State Trustee for the Alisal Union Elementary School District for State Board of Education Approval.

Type of Action:  Action, Information


Item 6 (DOC; 76KB; 2pp.)

Subject:  Elementary and Secondary Education Act: Initial Trustee Report, Including an Identification of Problems and Recommendations for Improving Student Performance in Round Valley Unified School District.

Type of Action:  Action, Information


Item 7 (DOC; 62KB; 3pp.)

Subject:  Charter Schools Division Update Including, But Not Limited to, State Board-Authorized Charter Schools and the Public Charter Schools Grant Program.

Type of Action:  Action, Information


***PUBLIC HEARINGS***

Public Hearings on the following agenda items will commence no earlier than 1 p.m. on Tuesday, September 14, 2010. The Public Hearings will be held as close to 1 p.m. as the business of the State Board permits.

Item 8 (DOC; 521KB; 45pp.)

Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Mission Preparatory School Petition, Which Was Denied by the San Francisco Unified School District.

Type of Action: Action, Information

***END OF PUBLIC HEARINGS***


Item 9 (DOC; 239KB; 32pp.)

Subject:  Charter Revocation and Revocation Appeals: Approve Commencement of 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5 sections 11965, 11968.1, 11968.5.1, 11969.1, 11969.2, 11969.3, 11969.4, and 11969.10.

Type of Action:  Action, Information


Item 10 (DOC; 192KB; 23pp.)

Subject:  Charter Revocation Pursuant to California Education Code Section 47604.5(c) –Approve Commencement of Second 15-Day Public Comment Period for Proposed Changes to Proposed California Code of Regulations, Title 5, Section 11968.5.

Type of Action:  Action, Information


Item 11 (DOC; 126KB; 7pp.)

Subject:  Update on Funding Determinations for Nonclassroom-based Charter Schools under Senate Bill 740. Review of the (1) State Board of Education Policy and Procedure to Request Waivers of the Pupil-Teacher Ratio Requirement, and (2) the Method and Criteria to Evaluate Requests for Funding Determinations Based on California Code of Regulations, Title 5, Section 11963.4(e).

Type of Action:  Action, Information


Item 12 (DOC; 74KB; 3pp.)

Subject:  Assignment of Numbers for Charter School Petitions.

Type of Action:  Action, Information


Item 13 (DOC; 115KB; 6pp.)

Subject:  Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs.

Type of Action:  Action, Information


Item 14 (DOC; 69KB; 3pp.)

Subject:  Elementary and Secondary Education Act: Striving Readers Comprehensive Literacy Program; Submission of the State Application for the Striving Readers Comprehensive Literacy Program Under Part E, Section 1502.

Type of Action:  Action, Information


Item 15 (DOC; 160KB; 6pp.)

Subject:  Elementary and Secondary Education Act: Approve Local Educational Agency Plans, Title I, Section 1112.

Type of Action:  Action, Information

***ADJOURNMENT OF DAY’S SESSION***


Wednesday, September 15, 2010 – 9:00 a.m. ± Pacific Time
(Upon adjournment of Closed Session if held)

California Department of Education
1430 N Street, Room 1101
Sacramento, California

Call to Order

Salute to the Flag

Approval of Minutes from prior board meetings

Communications

Announcements

REPORT OF THE SUPERINTENDENT (unless presented on the preceding day)

ITEMS DEFERRED FROM PRECEDING DAY
Any matters deferred from the previous day’s session may be considered.

AGENDA ITEMS

Item 16 (DOC; 91KB; 4pp.)

Subject:  Local Education Agency Teacher and Principal Performance Evaluation Practices and Reporting Requirements.

Type of Action:  Action, Information


Item 17 (DOC; 371KB; 25pp.)

Subject:  State Fiscal Stabilization Fund Indicator (a)(2): Update of California’s Teacher Equity Plan.

Type of Action:  Action, Information


Item 18 (DOC; 1.8MB; 42pp.)

Subject:  Appeal of a Decision by the San Mateo County Committee on School District Organization to Disapprove a Petition to Transfer Territory from the Ravenswood City School District to the Menlo Park City School District in San Mateo County.

Type of Action:  Action, Information


Item 19 (DOC; 7.3MB; 70pp.)

Subject:  Appeal of a Decision by the Santa Clara County Committee on School District Organization to Disapprove a Petition to Transfer Territory from the Lakeside Joint School District to the Los Gatos Union School District in Santa Clara County.

Type of Action:  Action, Information


Item 20 (DOC; 356KB; 16pp.)

Subject:  California High School Exit Examination: Program Update, Including, but not Limited to, Results for July 2009 through May 2010 Administrations.

Type of Action:  Action, Information


Item 21 (DOC; 114KB; 7pp.)

Subject:  California High School Exit Examination: Analysis and Consideration of Alternative Means to the California High School Exit Examination.

Type of Action:  Action, Information


Item 22 (DOC; 62KB; 2pp.)

Subject:  California High School Exit Examination Alternative Means: Approve the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Section 1216.1.

Type of Action:  Action, Information


Item 23 (DOC; 60KB; 2pp.)

Subject:  California High School Exit Examination Alternative Means: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Section 1216.1.

Type of Action:  Action, Information


Item 24 (DOC; 55KB; 1p.)

Subject:  Accountability Progress Reporting System: Results from the 2010 Growth Academic Performance Index, 2010 Adequate Yearly Progress, and 2010–11 Program Improvement Reports.

Type of Action:  Action, Information


Item 25 (DOC; 178KB; 16pp.)

Subject:  Inclusion of Middle School Dropouts in the Academic Performance Index – Approve Commencement of the 15-Day Public Comment Period for Proposed Changes to the California Code of Regulations, Title 5, Section 1039.1.

Type of Action:  Action, Information


Item 26 (DOC; 131KB; 11pp.)

Subject:  The Administrator Training Program: Approval of Training Providers and Training Curricula.

Type of Action:  Action, Information


Item 27 (DOC; 67KB; 5pp.)

Subject:  State Instructional Materials Fund – Approve Tentative Encumbrances and Allocations for Fiscal Year 2010–11.

Type of Action:  Action, Information


Item 28 (DOC; 1.3MB; 4pp.)

Subject:  Reading First Program (Title I, Part B, Federal No Child Left Behind Act), Request for Waiver of the Tydings period for Federal Fiscal Year 2008 Item Number 6110-126-0890.


Item 29 (DOC; 87KB; 3pp.)

Subject:  Legislative and Budget Update, Including, but not Limited to, Information on the 2009–10 Legislative Session and the 2009–10 and 2010–11 Budgets.

Type of Action:  Action, Information

***ADJOURNMENT OF DAY’S SESSION***


Thursday, September 16, 2010 – 9:00 a.m. ± Pacific Time 
(Upon adjournment of Closed Session if held)

California Department of Education
1430 N Street, Room 1101
Sacramento, California

Call to Order

Salute to the Flag

CLOSED SESSION – if necessary

Approval of Minutes from prior board meetings

Communications

Announcements

REPORT OF THE SUPERINTENDENT (unless presented on the preceding day)

ITEMS DEFERRED FROM PRECEDING DAY
Any matters deferred from the previous day’s session may be considered.

AGENDA ITEMS

Item 30 (DOC; 63KB; 3pp.)

Subject:  Parent Empowerment — Approve Commencement of 45-day Comment Period for Proposed Additions to the California Code of Regulations, Title 5, Sections 4800 - 4807.

Type of Action:  Action, Information


Item 31 (DOC; 64KB; 2pp.)

Subject:  Open Enrollment Act–Approve Commencement of 15-Day Public Comment Period for Proposed Changes to Proposed California Code of Regulations, Title 5, sections 4700–4703.

Type of Action:  Action, Information


Item 32 (DOC; 740KB; 89pp.)

Subject:  Model School Library Standards for California Public Schools, Kindergarten Through Grade Twelve.

Type of Action:  Action, Information


Item 33 (DOC; 2.7MB; 53pp.)

Subject:  Approval of 2010–11 Consolidated Applications.

Type of Action:  Action, Information


Item 34 (DOC; 673KB; 23pp.)

Subject:  Standardized Testing and Reporting: Program Update, Including, but not Limited to, Report on 2010 Results.

Type of Action:  Action, Information


Item 35 (DOC; 79KB; 3pp.)

Subject:  Standardized Testing and Reporting Program: Approve Commencement of a 15-Day Public Comment Period for Proposed Changes to the California Code of Regulations, Title 5, Sections 850 Through 868.

Type of Action:  Action, Information


Item 36 (DOC; 84KB; 4pp.)

Subject:  Title III Accountability: Summary Results for 2009-10.

Type of Action:  Action, Information


Item 37 (DOC; 76KB; 4pp.)

Subject:  Review California Code of Regulations, Title 5, Section 3100, Which Allows Waivers of Education Code Section 56362(c), Allowing the Caseload of the Resource Specialist to Exceed the Maximum Caseload of 28 Students by Not More Than Four Students (32 Maximum).

Type of Action:  Action, Information


WAIVER REQUEST CONSENT MATTERS

The following agenda items satisfy criteria for approving a waiver of that type based on a previously-adopted State Board of Education waiver policy or have waiver evaluation criteria that are in Education Code or in the California Code of Regulations, Title 5.

Charter School Program (Reduced Charter Year by Five Days or Less)

Item WC-1 General (DOC; 76KB; 3pp.)

Subject: Request by Sebastopol Union Elementary School District to waive California Code of Regulations, Title 5, Section 11960(b) to allow Sebastopol Independent Charter to reduce the charter school year to less than 175 days without a fiscal penalty.

Waiver Number: 24-6-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL WITH CONDITIONS)


Class Size Penalties (Over limit on Grades Kindergarten - 3)

Item WC-2 Specific (DOC; 88KB; 3pp.)

Subject: Request by Orcutt Union Elementary School District, under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) and 41378 (a) through (e), relating to class size penalties for kindergarten through grade three. For kindergarten, the maximum overall class size average is 31 to one with no class larger than 33. For grades one to three, the maximum overall class size average is 30 to one with no class larger than 32. The district requests to increase its maximum overall average to 33 and its maximum individual class size to 35 to one for kindergarten through grade three, retroactively for fiscal year 2009-10 and prospectively for 2010-11.

Waiver Number: 19-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item WC-3 Specific (DOC; 86KB; pp.)

Subject: Request by Central Elementary School District under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) and 41378 (a) through (e), relating to class size penalties for kindergarten through grade three. For kindergarten, allowable class size average is 31 to one with no class larger than 33. For grades one to three, allowable class size average is 30 to one with no class larger than 32. The district requests to increase overall average to 33 and individual class size to 35 to one, for kindergarten through grade three prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 23-6-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL WITH CONDITIONS)


Federal Program Waiver (Carl D. Perkins Voc and Tech Ed Act)

Item WC-4 Federal (DOC; 67KB; 2pp.)

Subject: Request by Acton-Agua Dulce Unified School District for Vasquez High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).

Waiver Number: Fed-212-2010

(Recommended for APPROVAL)


Item WC-5 Federal (DOC; 67KB; 2pp.)

Subject: Request by Fall River Joint Unified School District for Burney and Fall River Junior-Senior High Schools for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).

Waiver Number: Fed-418-2010

(Recommended for APPROVAL)


Item WC-6 Federal (DOC; 67KB; 2pp.)

Subject: Request by River Delta Joint Unified School District for Rio Vista High and Delta High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).

Waiver Number: Fed-421-2010

(Recommended for APPROVAL)


Item WC-7 Federal (DOC; 65KB; 2pp.)

Subject: Request by Sacramento Academic and Vocational Academy for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).

Waiver Number: Fed-417-2010

(Recommended for APPROVAL)


Item WC-8 Federal (DOC; 66KB; 2pp.)

Subject: Request by Shandon Joint Unified School District for Shandon High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).

Waiver Number: Fed-205-2010

(Recommended for APPROVAL)


Sale or Lease of Surplus Property (Lease of Surplus Property)

Item WC-9 General (DOC; 74KB; 4pp.)

Subject: Request by Las Lomitas Elementary School District to waive portions of the California Education Code sections 17455, 17466, 17472, and 17475 and all of 17473 and 17474, specific statutory provisions for the sale and lease of surplus property. Approval of the waiver would allow the district to lease a piece of property using a “request for proposal” process, thereby maximizing the proceeds from the lease of the former Ladera School site.

Waiver Number: 37-6-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL WITH CONDITIONS)


Schoolsite Council Statute (Shared Schoolsite Council)

Item WC-10 Specific (DOC; 81KB; 2pp.)

Subject: Request by Del Norte County Office of Education under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, allowing one joint schoolsite council to function for four small schools: Elk Creek School, McCarthy Alternative Education Center, Del Norte County Community Day School Elementary, and Del Norte County Community Day School Secondary.

Waiver Number: 10-7-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item WC-11 Specific (DOC; 80KB; 2pp.)

Subject: Request by Plumas County Office of Education under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, allowing one joint schoolsite council to function for three small alternative schools, Plumas County Community School, Plumas Opportunity School, and Portola Opportunity School.

Waiver Number: 21-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Algebra I Requirement for Graduation)

Item WC-12 Specific (DOC; 82KB; 3pp.)

Subject: Request by Ojai Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2009-10 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for one special education student based on Education Code Section 56101, the special education waiver authority.

Waiver Number: 34-5-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)

Item WC-13 General (DOC; 96KB; 4pp.)

Subject: Request by Clovis Unified School District to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Amanda Bosworth and Heather Jordan to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.

Waiver Number: 11-7-2010 and 12-7-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item WC-14 General (DOC; 93KB; 4pp.)

Subject: Request by Clovis Unified School District for a renewal to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Cassandra Hale and Sara Lloyd to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.

Waiver Number: 13-7-2010 and 17-7-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item WC-15 Specific (DOC; 80KB; 3pp.)

Subject: Request by Centralia Elementary School District under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100 to waive Education Code Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum). Elizabeth Martinez is assigned at Walter Knott School.

Waiver Number: 33-5-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report (CAHSEE)

Item WC-16 General (DOC; 81KB; 2pp.)

Subject: Request by Arcadia Unified School District to waive the State Testing Apportionment Information Report and Certification deadline of December 31 in the California Code of Regulations, Title 5, Section 1225(b)(2)(A) regarding the California High School Exit Examination.

Waiver Number: 11-6-2010

(Recommended for APPROVAL)


Charter School Program (Pupil Teacher Ratios)

Item WC-17 General (DOC; 82KB; 3pp.)

Subject: Request by Fremont Unified School District to waive portions of California Education Code Section 51745.6, and California Code of Regulations, Title 5, sections 11704, and portions of 11963.4(a)(3), related to charter school independent study pupil-to-teacher ratios to allow an increase from a 25:1 to a 27.5:1 pupil-to-teacher ratio at Circle of Independent Learning Charter School.

Waiver Number: 2-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


NON-CONSENT (ACTION)

The following agenda items include waivers that CDE staff has identified as potentially having opposition, recommended for denial, or presenting new or unusual issues that should be considered by the State Board. On a case-by-case basis, public testimony may be considered regarding the item, subject to the limits set by the Board President or by the President's designee; and action different from that recommended by CDE staff may be taken.

Charter School Program (Reduced Charter Year by Five Days or Less)

Item W-1 General (DOC; 85KB; 3pp.)

Subject: Request by Ukiah Unified School District to waive California Code of Regulations, Title 5, Section 11960(b) to allow Academy of the Redwoods to reduce their charter school year to less than 175 days without fiscal penalty.

Waiver Number: 9-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Class Size Penalties (Over Limit on Grades 1-3)

Item W-2 Specific (DOC; 83KB; 3pp.)

Subject: Request by Desert Sands Unified School District under the authority of California Education Code Section 41382, to waive portions of Education Code Section 41376 (a), (c), and (d), relating to class size penalties for grades one through three. Allowable class size average is 30 to one with no class larger than 32 for grades one to three. The district requests to increase overall average and individual class size to 33 to one, prospectively, (2010-11 and 2011-12 fiscal years).

Waiver Number: 49-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-3 Specific (DOC; 88KB; 3pp.)

Subject: Request by Los Banos Unified School District under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d), relating to class size penalties for grades one through three. The maximum overall class size average is 30 to one with no class larger than 32. The district requests to increase overall average and individual class size to 31, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 27-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-4 Specific (DOC; 77KB; 3pp.)

Subject: Request by Richland Union Elementary School District under the authority of California Education Code Section 41382, to waive portions of Education Code Section 41376 (a), (c), and (d), relating to class size penalties for grades one through three. Allowable class size average is 30 to one with no class larger than 32. The district requests to increase overall average and individual class size to 33, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 31-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Class Size Penalties (Over Limit on Grades 4-8)

Item W-5 General (DOC; 75KB; 3pp.)

Subject: Request by Coalinga-Huron Joint Unified School District to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 29.9 to one and the district requests to increase the average to 34 to one, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 51-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-6 General (DOC; 87KB; 3pp.)

Subject: Request by Desert Sands Unified School District to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 29.9 to one and the district requests to increase the average to 33 to one, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 48-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-7 General (DOC; 86KB; 3pp.)

Subject: Request by Kerman Unified School District to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 29.9 to one and the district requests to increase the average to 33 to one, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 16-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-8 General (DOC; 87KB; 3pp.)

Subject: Request by Lincoln Unified School District to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 29.9 to one and the district requests to increase the average to 31 to one, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 5-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-9 General (DOC; 73KB; 3pp.)

Subject: Request by Los Banos Unified School District Request by Los Banos Unified School to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 29.9 to one and the district requests to increase the average to 33 to one, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 32-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-10 General (DOC; 86KB; 3pp.)

Subject: Request by Manteca Unified School District to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 29.9 to one and the district requests to increase the average to 34 to one, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 26-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-11 General (DOC; 87KB; 3pp.)

Subject: Request by Ramona City Unified School District to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 31.1 to one and the district requests to increase the average to 33 to one, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 8-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-12 General (DOC; 84KB; 3pp.)

Subject: Request by Redwood City Elementary School District to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 29.9 to one and the district requests to increase the average to 32 to one, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 34-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-13 General (DOC; 74KB; 3pp.)

Subject: Request by Richland Union Elementary School District to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. The district's current class size maximum is an average of 29.9 to one and the district requests to increase the average to 33 to one, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 30-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Class Size Penalties (Over limit on Grades Kindergarten - 3)

Item W-14 Specific (DOC; 87KB; 3pp.)

Subject: Request by Lincoln Unified School District under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) and Section 41378 (a) through (e), relating to class size penalties for kindergarten through grade three. For kindergarten, allowable class size average is 31 to one with no class larger than 33. For grades one to three, allowable class size average is 30 to one with no class larger than 33. The district requests to increase overall average to 32 and individual class size to 34 to one for kindergarten, and overall average to 31 and individual class size to 33 to one for grades one through three, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 4-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-15 Specific (DOC; 76KB; 3pp.)

Subject: Request by Oakley Union Elementary School District under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) and Section 41378 (a) through (e), relating to class size penalties for kindergarten through grade three. For kindergarten, allowable class size average is 31 to one with no class larger than 33. For grades one to three, allowable class size average is 30 to one with no class larger than 32. The district requests to increase overall average to 31 and individual class size to 34 to one for kindergarten through grade three, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 13-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-16 Specific (DOC; 71KB; 3pp.)

Subject: Request by Willows Unified School District under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) and 41378 (a) through (e), relating to class size penalties for kindergarten through grade three. For kindergarten, allowable class size average is 31 to one with no class larger than 33. For grades one to three, allowable class size average is 30 to one with no class larger than 32. The district requests to increase overall average to 33 and individual class size to 36 to one, for kindergarten through grade three prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 15-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Community Day Schools (CDS) (Collocate Facilities and Comingle Grade Levels)

Item W-17 General (DOC; 88KB; 3pp.)

Subject: Request by Corcoran Joint Unified School District for a waiver of California Education Code Section 48916.1(d) and portions of Education Code Section 48660 to permit the establishment of a community day school for students in grades six through twelve, and portions of Education Code Section 48661(a) relating to the placement of a community day school, Mission Community Day School on the same site as Kings Lake Continuation High School.

Waiver Number: 39-5-2010

(Recommended for APPROVAL WITH CONDITIONS)


Community Day Schools (CDS) (Commingle Grade Levels)

Item W-18 General (DOC; 86KB; 3pp.)

Subject: Request by Los Molinos Unified School District for a waiver California Education Code Sections 48916.1(d) and portions of Section 48660 to permit a community day school to serve students in grades six with students in grades seven through twelve.

Waiver Number: 3-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-19 General (DOC; 86KB; 3pp.)

Subject: Request by Lucerne Valley Unified School District for a waiver of California Education Code Section 48916.1(d) and portions of Education Code Section 48660 to permit a community day school to serve students in grades three through six with students in grades seven through twelve.

Waiver Number: 9-7-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-20 General (DOC; 73KB; 3pp.)

Subject: Request by Trona Joint Unified School District for a renewal waiver of portions of California Education Code sections 48660 and 48916.1(d) to permit a community day school to serve students in grades five and six with students in grades seven through twelve at Trona Community Day School.

Waiver Number: 22-6-2010

(Recommended for APPROVAL) EC 33051(b) will apply.


Independent Study Program (Pupil Teacher Ratios)

Item W-21 General (DOC; 120KB; 4pp.)

Subject: Request by Orange County Department of Education to waive Education Code (EC) Section 51745.6 (a) the requirement that the independent study pupil-teacher ratio shall not exceed the equivalent ratio at the largest high school or unified district in the county. The Orange County Department of Education requests an independent study ratio of 35 to one.

Waiver Number: 44-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Instructional Materials Funding Realignment Program (Petition to Purchase Special Education Non Adopted Material)

Item W-22 Petition (DOC; 69KB; 3pp.)

Subject: Petition request under the authority of California Education Code sections 60421(d) and 60200(g) by Fresno County Office of Education to purchase specified non-adopted instructional materials for severely disabled children using Instructional Materials Funding Realignment Program monies.

Waiver Number: 38-5-2010

(Recommended for APPROVAL)


Physical Education Program (Block Schedules)

Item W-23 General (DOC; 97KB; 4pp.)

Subject: Request by Santa Maria Joint Union High School District for a renewal to waive portions of California Education Code Section 51222(a), related to the statutory minimum requirement of 400 minutes of physical education each ten school days for students in grades nine through twelve in order to implement a block schedule at Santa Maria High School and Pioneer Valley High School.

Waiver Number: 43-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-24 General (DOC; 79KB; 4pp.)

Subject: Request by Big Pine Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce their class sizes by an average of five students per class by the end of the 2010–11 school year at Big Pine Elementary School (requesting 24:1 ratio on average in grades four through eight).

Waiver Number: 20-7-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-25 General (DOC; 79KB; 4pp.)

Subject: Request by Parlier Unified School District to waive California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce their class sizes by an average of five students per class by the end of the 2010–11 school year at Parlier High School (requesting 20:1 ratio on average in core classes in grades nine through twelve).

Waiver Number: 12-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-26 Specific (DOC; 79KB; 3pp.)

Subject: Request by Centralia Elementary School District under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100 to waive Education Code Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum). Jill Aldeen is assigned at Danbrook School, and Jennifer Mercer is assigned at Centralia School.

Waiver Number: 7-8-2010

(Recommended for DENIAL)


School Construction Bonds (Citizens Oversight Committee - Term Limits)

Item W-27 General (DOC; 80KB; 3pp.)

Subject: Request by Moreno Valley Unified School District for a renewal to waive portions of California Education Code Section 15282, regarding term limits for members of a Citizens’ Oversight Committee for all construction bonds in the district.

Waiver Number: 10-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Size of Governing Board)

Item W-28 General (DOC; 87KB; 3pp.)

Subject: Request by Amador County Office of Education to waive California Education Code sections 1004 and 5020, and portions of sections 5019, 5021, and 5030 that require elections to establish new trustee areas and to reduce the number of governing board members from seven to five.

Waiver Number: 29-6-2010

(Recommended for APPROVAL)


Schoolsite Council Statute (Number and Composition of Members)

Item W-29 Specific (DOC; 77KB; 2pp.)

Subject: Request by Del Norte County Unified School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for each schoolsite council for two small elementary schools, Margaret Keating Elementary and Mountain Elementary.

Waiver Number: 18-7-2010

(Recommended for APPROVAL WITH CONDITIONS)


Schoolsite Council Statute (Shared Schoolsite Council)

Item W-30 Specific (DOC; 78KB; 2pp.)

Subject: Request by Maricopa Unified School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, allowing one joint schoolsite council to function for two small schools, Maricopa Elementary School and Maricopa High School.

Waiver Number: 30-5-2010

(Recommended for APPROVAL WITH CONDITIONS)


Schoolsite Council Statute (Shared Schoolsite Council with Reduced Number and Composition)

Item W-31 Specific (DOC; 80KB; 2pp.)

Subject: Request by Southern Trinity Joint Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint schoolsite council with a reduced number and composition to function for three small schools: Van Duzen Elementary School, Southern Trinity High School, and Mt. Lassic Continuation High School. 

Waiver Number: 35-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-32 Specific (DOC; 81KB; 2pp.)

Subject: Request by Yolo County Office of Education under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint schoolsite council with a reduced number and composition to function for two small alternative education schools, Dan Jacobs School and Midtown Community School.

Waiver Number: 25-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)

Item W-33 General (DOC; 96KB; 4pp.)

Subject: Request by Clovis Unified School District for a renewal to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Dawn Arii, Elizabeth Gonzalez, and Julia Keller to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.

Waiver Number: 14-7-2010, 15-7-2010, and 16-7-2010

(Recommended for DENIAL)


Item W-34 General (DOC; 87KB; 4pp.)

Subject: Request by Hanford Elementary School District for a renewal to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Edward Bielik to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.

Waiver Number: 37-5-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-35 General (DOC; 95KB; 4pp.)

Subject: Request by Sutter County Office of Education for a renewal to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Lana Sadrin and Julie Newton to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.

Waiver Number: 40-6-2010, 42-6-2010

(Recommended for APPROVAL WITH CONDITIONS)


Item W-36 General (DOC; 76KB; 3pp.)

Subject: Request by Kings County Office of Education for a renewal to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Mary Beth Yates, to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.

Waiver Number: 21-7-2010

(Recommended for DENIAL)


Federal Program Waiver (Title I Part A - ARRA Waivers)

Item W-37 Federal (DOC; 70KB; 2pp.)

Subject: Request by 45 local educational agencies to waive up to six types of requirements pertaining to Title I, Part A of the Elementary and Secondary Education Act relating to the American Recovery and Reinvestment Act allocations for the 2009–10 fiscal year only.

(Recommended for APPROVAL)


CHARTER SCHOOL (Advanced Apportionment)

Item W-38 General (DOC; 81KB; 2pp.)

Subject: San Diego Unified School District for a waiver of portions of California Education Code 47652(b) in order to allow the Gompers Preparatory Academy to receive an advanced apportionment for students in the former Gomper's Middle School, now merged with the Gompers Preparatory Academy.

Waiver Number: 21-8-2010

(Recommended for APPROVAL)

***ADJOURNMENT OF DAY’S SESSION***

***ADJOURNMENT OF MEETING***


For more information concerning this agenda, please contact the State Board of Education at 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone 916-319-0827; fax 916-319-0175. To be added to the speaker’s list, please fax or mail your written request to the above-referenced address/fax number. This agenda is posted on the State Board of Education’s Web site [http://www.cde.ca.gov/be/ag/].

Questions: State Board of Education | 916-319-0827 
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